CHAPTER
16
INTERNATIONAL OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Administration of the Act. |
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CHAPTER 16 |
INTERNATIONAL
OBLIGATIONS (ECONOMIC AND ANCILLARY MEASURES) |
An Act to
provide for the imposition of economic sanctions and for the taking of
ancillary measures to give effect to the international obligations of The
Bahamas. | 17 of 1993 |
[Assent 30th July,
1993]
[Commencement 2nd September, 1993] |
1. This Act may be cited as the International
Obligations (Economic and Ancillary Measures) Act, 1993. | Short title. |
2. In this Act- | Interpretation. |
"Bahamian"
means a person who is a citizen of The Bahamas or a body corporate incorporated
or continued by or under the laws of The Bahamas; |
"foreign
state" means a country other than The Bahamas and includes- |
(a) any
political subdivision of a foreign state, |
(b) the
government, and any department, of a foreign state or of a political
subdivision thereof, and |
(c) any agency
of a foreign state or of a political subdivision thereof; |
"national",
in relation to a foreign state, means an individual who possesses the
nationality of that state as determined in accordance with the laws of that
state or a body corporate incorporated or continued by or under the laws of
that state; |
"property"
means any real or personal property; |
"technical
data" includes blueprints, technical drawings, photographic imagery,
computer software, models, formulas, engineering designs and specifications,
technical and operating manuals and any technical information or know-how. |
3. (1) The Governor-General may, for the purpose of
implementing a decision, resolution or recommendation of an international
organization or association of states, of which The Bahamas is a member, that
requests its members to take economic measures against a foreign state, or
where the Governor-General is of the opinion that a grave breach of
international peace and security has occurred that has resulted or is likely to
result in a serious international crisis- | Orders and regulations. |
(a) make such
orders or regulations with respect to the restriction or prohibition of any of
the activities referred to in subsection (2) in relation to a foreign state as
the Governor-General considers necessary; and |
(b) by order,
cause to be seized, frozen or sequestrated in the manner set out in the order
any property situated in The Bahamas that is held by or on behalf of- |
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(ii) any
person in that foreign state, or |
(iii) a
national of that foreign state who does not ordinarily reside in The Bahamas, |
with a view
to preventing the removal of such property in contravention of the laws of The
Bahamas. |
(2) Orders and
regulations may be made pursuant to paragraph (1)(a) with respect to the
restriction or prohibition of any of the following activities, whether carried
out in or outside The Bahamas, in relation to a foreign state- |
(a) any dealing
by any person in The Bahamas or Bahamian outside The Bahamas in any property
wherever situated held by or on behalf of that foreign state, any person in
that foreign state, or a national of that foreign state who does not ordinarily
reside in The Bahamas; |
(b) the
exportation, sale, supply or shipment by any person in The Bahamas or Bahamian
outside The Bahamas of any goods wherever situated to that foreign state, or
any other dealing by any person in The Bahamas or Bahamian outside The Bahamas
in any goods wherever situated destined for that foreign state or any person in
that foreign state; |
(c) the
importation, purchase, acquisition or shipment by any person in The Bahamas or
Bahamian outside The Bahamas of any goods that are exported, supplied or
shipped from that foreign state after a date specified in the order or
regulations, or any other dealing by any person in The Bahamas or Bahamian
outside The Bahamas in any such goods; |
(d) the
provision or acquisition by any person in The Bahamas or Bahamian outside The
Bahamas of financial services or any other services to, from or for the benefit
of or on the direction or order of that foreign state or any person in that
foreign state; |
(e) the docking
in that foreign state of ships registered or licensed, or for which an
identification number has been issued under the laws of The Bahamas; |
(f) the
landing in that foreign state of aircraft registered in The Bahamas or operated
in connection with a Bahamian air service licence; |
(g) the docking
in or passage through The Bahamas by ships registered in that foreign state or
used, leased or chartered, in whole or in part, by or on behalf of or for the
benefit of that foreign state or a person in that foreign state; and |
(h) the landing
in or flight over The Bahamas by aircraft registered in that foreign state or
used, leased or chartered, in whole or in part, by or on behalf of or for the
benefit of that foreign state or any person in that foreign state. |
(3) Any order or
regulation made pursuant to subsection (1) may exclude any person, property,
goods, technical data, services, ships or aircraft or any class thereof from
the application of the order or regulation. |
(4) The
Governor-General may issue to any person in The Bahamas or Bahamian outside The
Bahamas a permit to carry out a specified activity that is restricted or
prohibited pursuant to this Act or any order or regulations made under this
Act. |
(5) The
Governor-General may issue a permit pursuant to subsection (4), subject to such
terms and conditions as are, in the opinion of the Governor-General, consistent
with this Act and any order or regulations made under this Act. |
(6) The
Governor-General may amend, suspend, revoke or reinstate any permit issued by
him under subsection (4). |
4. (1) Any costs incurred by or on behalf of The
Government of The Bahamas in relation to the seizure, freezing or sequestration
of property pursuant to an order made under paragraph 3(1)(b) are the liability
of the owner of the properly and constitute a debt due to The Government of The
Bahamas that may be recovered in any court of competent jurisdiction. | Costs. |
(2) The property
referred to in subsection (1) may be sold under execution of a judgment in
favour of The Government of The Bahamas for the costs referred to in that
subsection and, subject to subsection (3), the proceeds of the sale shall first
be applied in execution of the judgment and any balance shall be paid to the
owner of the property. |
(3) All equities
held by persons, other than- |
(a) a foreign
state to which the order referred to in subsection (1) applies; |
(b) persons in
that foreign state; and |
(c) nationals
of that foreign state who do not ordinarily reside in The Bahamas, |
are entitled
to the same priority over the rights of The Government in the proceeds of the
sale referred to in subsection (2) as they would have been entitled to had this
section not been enacted. |
5. (1) The Minister of Foreign Affairs is responsible
for the administration and enforcement of this Act. | Administration of the Act. |
(2) The
Governor-General may, by order, designate from time to time a Minister as a
Minister having the duty for the purpose only of submitting a report to the
Governor-General with respect to claims for compensation, to - receive and
assess reasonable claims for compensation from any person who alleges to have
suffered any loss or damages as a result of anything done or purported to have
been done under this Act or any order or regulations made under this Act. |
6. Every person who wilfully contravenes or fails to
comply with an order or regulation made under section 3 commits an offence and
is liable on summary conviction to a fine not exceeding ten thousand dollars or
to imprisonment for a term not exceeding one year, or to both. | Offences. |
7. (1) A person having the powers of an officer under
the Customs Management Act shall be deemed to be a peace officer for the
purposes of this Act. | Search and Seizure. |
(2) A peace
officer may search any building, receptacle or place for anything- |
(a) in respect
of which there are reasonable grounds to believe that any offence against this
Act has been committed, |
(b) that there
are reasonable grounds to believe will afford evidence with respect to the commission
of an offence against this Act, |
without a
warrant if the conditions for obtaining a warrant exist but by reason of
exigent circumstances it would be impractical to obtain a warrant, and may
seize any such thing found therein. |
8. (1) The original or a copy of a bill of lading,
customs document, commercial invoice or other document is admissible in
evidence in a prosecution under this Act in relation to any dealing with
respect to goods where it appears from the document that- | Evidence. |
(a) the goods
were sent or shipped from The Bahamas or into The Bahamas; |
(b) a person,
as shipper, consignor or consignee, sent or shipped the goods from The Bahamas
or into The Bahamas; or |
(c) the goods
were sent or shipped to a particular destination or person. |
(2) In the absence
of evidence to the contrary, a document that is admissible in evidence under
subsection (1) is proof of any of the facts set out in paragraphs (a), (b) or
(c) of subsection (1) as appear from the document. |
9. (1) Proceedings with respect to an offence under this
Act may only be commenced with the consent of the Attorney-General of The
Bahamas and notwithstanding anything in any other law the time within which
those proceedings may be brought in a court of summary jurisdiction shall be
three years from the date of the commission of the offence and in the case
where the offence was committed by a person abroad the period of three years
shall be deemed not to have commenced until the time that person has first
returned to The Bahamas subsequent to the commission of the offence. | Proceedings offences. |
(2) Where an
offence under this Act is committed by a body corporate and it is proved that
such offence has been committed with the consent or connivance of or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer of the body corporate, or any person purporting to act in such
capacity, then he as well as the body corporate shall be deemed to be guilty of
that offence and shall be liable to be proceeded against and punished
accordingly. |